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Excerpt: "Wrongful birth" and "wrongful life" are complex legal concepts that arise when medical negligence prevents parents from learning about a fetal abnormality, depriving them of the choice to terminate the pregnancy. New York recognizes wrongful birth claims but not wrongful life claims. This guide explains the legal framework, key statutes, and what families need to know.
Table of Contents
- What Is Wrongful Birth?
- What Is Wrongful Life?
- New York's Legal Framework
- Genetic Testing and Screening Errors
- Proving a Wrongful Birth Claim
- Damages Available in New York
- Frequently Asked Questions
What Is Wrongful Birth?
A wrongful birth claim is brought by parents who, due to medical negligence, were deprived of the opportunity to make an informed decision about whether to continue a pregnancy. This typically occurs when:
- A healthcare provider failed to offer or properly perform prenatal genetic testing
- A genetic test or ultrasound was misinterpreted
- A provider failed to inform parents of a detected abnormality
- A lab error caused a false negative result
The parents' claim is that, had they known about the fetal abnormality, they would have chosen to terminate the pregnancy — and that the child would not have been born.
[Image: Genetic counseling and prenatal testing consultation]
Common Conditions at Issue in Wrongful Birth Cases
- Down syndrome (Trisomy 21)
- Edwards syndrome (Trisomy 18)
- Patau syndrome (Trisomy 13)
- Neural tube defects (spina bifida, anencephaly)
- Cystic fibrosis
- Tay-Sachs disease
- Duchenne muscular dystrophy
- Sickle cell disease
- Other chromosomal and genetic conditions
[Link to: /birth-injury/prenatal-screening-negligence]
What Is Wrongful Life?
A wrongful life claim is brought by (or on behalf of) the child born with the genetic condition, arguing that the child would have been better off not being born at all. This is a philosophically and legally controversial claim.
New York's Position on Wrongful Life
New York does not recognize wrongful life claims. The New York Court of Appeals ruled in Becker v. Schwartz (1982) that a child cannot recover damages for being born, even if the birth resulted from medical negligence. The court reasoned that it is impossible to compare the value of life with impairment to non-existence.
However, New York does recognize wrongful birth claims brought by the parents. This means:
- Parents can sue for the financial and emotional costs of raising a child with a disability they would have avoided
- The child cannot sue for being born with the condition
New York's Legal Framework
Becker v. Schwartz (1982)
This landmark New York case established the framework for wrongful birth and wrongful life in New York:
- Wrongful birth claims by parents are recognized
- Wrongful life claims by children are not recognized
- Parents can recover extraordinary medical and educational expenses related to the child's condition
Key Statutes
- CPLR § 214-a: 2.5-year statute of limitations for medical malpractice
- CPLR § 208: Tolling for minors (but wrongful birth claims are brought by parents, not children)
- Public Health Law § 2504-a: Informed consent for prenatal testing
- 10 NYCRR § 69-2.1: Prenatal testing standards
The "Discovery Rule" in Wrongful Birth
The statute of limitations for wrongful birth may start at the time the child is born, or at the time the parents discover (or should have discovered) that the negligence occurred. This can be critical when a genetic condition is not diagnosed until months or years after birth.
[Link to: /medical-malpractice/loss-of-chance]
Genetic Testing and Screening Errors
Standard Prenatal Screening
The standard of care for prenatal care includes offering screening and diagnostic testing:
| Test | Purpose | Timing | |---|---|---| | First trimester screening | Down syndrome risk assessment | 11-13 weeks | | Cell-free DNA (cfDNA) | Chromosomal abnormality screening | 10+ weeks | | Quad screen | Neural tube defect and chromosomal risk | 15-22 weeks | | Anatomy ultrasound | Structural abnormality detection | 18-22 weeks | | Amniocentesis | Diagnostic chromosomal testing | 15-20 weeks | | CVS | Diagnostic chromosomal testing | 10-13 weeks |
Common Genetic Testing Errors
- Failure to offer testing — The provider did not offer genetic testing appropriate for the patient's age, family history, or ethnic background
- Failure to recommend diagnostic testing — Screening results were abnormal but the provider did not recommend amniocentesis or CVS
- Lab errors — The testing laboratory misinterpreted, mislabeled, or contaminated the sample
- Failure to communicate results — The provider received abnormal results but did not inform the parents
- Misinterpretation of ultrasound — The sonographer or radiologist missed structural abnormalities
Proving a Wrongful Birth Claim in New York
Your attorney must establish:
- Duty — The provider owed a duty to offer appropriate testing and communicate results
- Breach — The provider failed to meet the standard of care (failed to offer testing, misinterpreted results, failed to communicate)
- Causation — Had the parents known, they would have terminated the pregnancy (this requires testimony from the parents about what they would have done)
- Damages — Extraordinary costs of raising a child with the condition
Key Evidence
- Prenatal records (what testing was offered and performed)
- Genetic test results and lab records
- Ultrasound reports and images
- Communication records (how results were communicated to parents)
- Expert testimony from a geneticist, maternal-fetal medicine specialist, or genetic counselor
- Parent testimony about what they would have done with the information
Damages Available in New York
In a wrongful birth case, parents may recover:
Extraordinary Medical Expenses
- Medical care related to the child's condition (surgeries, therapy, medications, specialized equipment)
- Future medical costs projected over the child's lifetime (a life care plan)
Extraordinary Educational Expenses
- Special education costs
- Tutoring and therapeutic services
Emotional Distress
New York allows parents to recover for the emotional distress of learning that they were deprived of the choice to terminate the pregnancy.
What Is NOT Recoverable
- Ordinary child-rearing expenses — Food, clothing, shelter (New York does not allow recovery for ordinary costs of raising a child)
- The child's own pain and suffering — Because wrongful life is not recognized, the child cannot recover for their own condition
Statute of Limitations
- Wrongful birth (parents' claim): 2.5 years from the date of negligence, or from the date the parents discovered the negligence (CPLR § 214-a)
- Municipal hospital (NYC H+H): 90-day notice of claim; 1 year and 90-day statute
Frequently Asked Questions
What is the difference between wrongful birth and wrongful life?
Wrongful birth is a claim brought by parents who were deprived of the choice to terminate a pregnancy due to medical negligence. Wrongful life is a claim brought by the child arguing they should not have been born. New York recognizes wrongful birth but not wrongful life.
Can I sue for a missed genetic diagnosis in New York?
Yes. If your healthcare provider failed to offer appropriate genetic testing, misinterpreted results, or failed to communicate abnormal findings, you may have a wrongful birth claim.
What damages can I recover in a wrongful birth case in New York?
Parents can recover extraordinary medical and educational expenses related to the child's condition, as well as emotional distress damages. Ordinary child-rearing expenses are not recoverable.
How long do I have to file a wrongful birth claim?
2.5 years from the date of negligence, or from the date you discovered the negligence. The discovery rule may extend the deadline if the condition was not diagnosed at birth.
Can my child sue for being born with a genetic condition?
No. New York does not recognize wrongful life claims. Only the parents can bring a wrongful birth claim.
What if the lab made an error in my genetic test?
Lab errors are a common basis for wrongful birth claims. If the lab misinterpreted, mislabeled, or contaminated your sample, causing a false negative result, you may have a claim against the lab and the ordering provider.
Contact MDLaw Firm
If your family was affected by a missed genetic diagnosis or prenatal testing error in New York, contact MDLaw Firm at 347-524-5777 for a free consultation.
This article is for informational purposes only and does not constitute legal advice. Prior results do not guarantee a similar outcome. No attorney-client relationship is created by reading this article or contacting MDLaw Firm.
If you or a loved one suffered from a labor and delivery error, contact our Labor & Delivery Error lawyers today for a free, confidential consultation. Call 347-524-5777 or request a case review online.